Napa County Municipal Code Ch. 3.40 Criminal Justice Administration Fee

This chapter implements the provisions of Government Code Section 29550 which provides for the imposition of a criminal justice administrative fee (hereafter "booking fee").

(Ord. 983 § 3 (part), 1991: prior code § 3900)

As used in this chapter:

"Auditor" means the auditor-controller of Napa County.

"Booking" means those activities, including secure detention, associated with taking care of the arrestee's physical, mental and medical needs, identification, recording of information and documentation of the current arrest and related processing up to the dressing out in inmate clothing and placement in the general housing area of the jail.

"County jail" means any detention facility in Napa County operated under the control of the director of corrections or the county sheriff.

"Employee of an entity" means and includes any person making an arrest at the request of the entity.

(Ord. 983 § 3 (part), 1991: prior code § 3901)

A. A criminal justice administrative fee is imposed in the amount of fifty-five dollars for each person arrested and brought to the county jail for booking or detention. This fee equals the actual administrative costs, including applicable overhead costs as permitted by Federal Circular A-87 standards, incurred in booking or otherwise processing arrested persons.

B. This fee is imposed upon a city, special district, school district, community college district, college or university for each person arrested by an employee of that entity and then brought to the county jail for booking or other processing. This fee is also imposed upon any individual who is arrested by an officer or agent of Napa County to the extent authorized by Government Code Section 29550(b).

C. The criminal justice administrative fee shall only apply to original or "fresh" on-view bookings into the county jail by law enforcement agencies, except those fresh arrests by multi-agency task forces (such as Napa Special Investigations Bureau (NSIB)). It shall not apply to other types of bookings such as: holds by state, federal or local agencies; commitments; warrant only; court remands; bail bond surrenders; enroutes (temporary holds placed by agencies transporting prisoners); orders of production; orders of return; return from temporary release (inmates returning from hospital, ninety-day observation, etc.); self-surrenders; citizen arrests; and probationqparole violations only.

D. The fee shall apply to all arrests resulting in booking or detention into the county jail on or after July 1, 1990; provided, however, that increases in the criminal justice administrative fee established by subsection (A) of this section may be imposed by ordinance or resolution, subject to compliance with Section 3.40.080.

(Ord. 1011 § 1, 1992: Ord. 983 § 3 (part), 1991: prior code § 3902)

The director of corrections is authorized and directed to submit an invoice to each city, special district, school district, community college district, college or university located in Napa County not more frequently than monthly. All such invoices shall be due and payable in thirty days. The first invoice shall include all fees incurred during the period July 1, 1990, through the date of the invoice. Subsequent invoices shall identify all fees owed by the entity as a result of persons being arrested by an employee of that entity and then brought to the county jail for booking or other processing during the period since the last invoice and fees that should have been included as a part of a previous invoice but were not.

(Ord. 1011 § 2, 1992: Ord. 983 § 3 (part), 1991: prior code § 3903)

Any invoice for a criminal justice administrative fee which remains unpaid in whole or in part after thirty days, shall bear interest on the unpaid balance thereof. The rate of interest shall be the rate earned by the treasurer/tax collector on funds under her control during the period the fees remain unpaid or the legal rate established pursuant to Section 685.010 of the Code of Civil Procedure, whichever is less.

(Ord. 983 § 3 (part), 1991: prior code § 3904)

Any fee required to be paid by a city, special district, school district, community college district, college, or university, under this chapter shall be deemed a debt owed to the county. In the event that such fee is unpaid, the city, special district, school district, community college district, college or university shall be liable to any action brought in the name of the county for the recovery of such amount.

(Ord. 983 § 3 (part), 1991: prior code § 3905)

The county shall avail itself of all remedies available at law or equity, including but not limited to offsetting any delinquent amounts due in accordance with Section 907 of the California Government Code or in any other manner authorized by law, to collect sums owed to the county as a result of the imposition of the fees authorized by this chapter.

(Ord. 983 § 3 (part), 1991: prior code § 3906)

The auditor and director of corrections shall by June 30, 1992, and for the fiscal years following June 30, 1992, within a reasonable period of time following the close of each fiscal year but not more than twelve months following the close of said fiscal year, redetermine and issue a report regarding the administrative costs, including the applicable overhead costs permitted by Federal Circular A-87 standards, of booking or other processing of a person at the county jail. The report shall be submitted to the clerk of the board of supervisors and shall be mailed to any person that has filed a written request with the clerk of the board for mailed notice of hearings or meetings regarding new or increased fees or charges in the manner prescribed by Section 60016 of the California Government Code or any other applicable provision of law. If the report recommends an increase in the criminal justice administrative fee, upon receipt of said report by the clerk of the board, a public hearing shall be scheduled for the purpose of amending the fee set forth in Section 3.40.030 of this chapter after giving the notice required by Chapter 8 of Division 1 of Title 7 of the Government Code (commencing with Section 66016) or any other applicable provisions of law. If a public hearing is scheduled, the clerk of the board shall mail a notice of the hearing together with a copy of the report of the auditor and director of corrections to every city, school district and community college district located within Napa County whether or not a request for notice has been filed. Other persons or entities shall receive notice only if they have requested same in writing in the manner required by law. After the hearing is closed, and if the board concludes that a revision of the criminal justice administrative fee is warranted, the board shall make such changes in the report of the auditor and director of corrections as it deems necessary, if any, adopt the report, and establish a revised fee by ordinance or resolution.

(Ord. 1067 § 1, 1994: Ord. 1011 § 3, 1992: Ord. 983 § 3 (part), 1991: prior code § 3907)